GARASIA RATUBHA HANUBHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal under the Supreme Court (Enlargement of Criminal Jurisdiction) Act, 1970 has been directed against the judgment and order dated 7-8-1980/10-8-1980 passed by the High Court of Gujarat in Criminal Appeal No. 454 of 1979 arising out of the order of acquittal recorded by the Sessions Judge, Ahmedabad, in Sessions Case No. 94 of 1978.

(2.) The prosecution case was that there was an election for the post of Sarpanch of Village Dadvi on 5-2-1978 in which A-3 and some others were the candidates including the deceased Harijan Pamabhai. A-3 withdrew from election and the deceased Pamabhai was declared elected as Sarpanch of the village. Prior to his election there was a background of strained relationship between Pamabhai and the party of accused persons. But when Pamabhai won the election the hostility aggravated between them. Pamabhai having some apprehensions, he had asked for and was provided protection of S.R.P. Party headed by Constable Sakha Ram. Since the bitterness continued even after the election another police party headed by Head Constable Man Singh was also posted in the village since 11-3-1978. But hostility continued between them. The deceased filed a criminal case against the accused persons on 10-2-1978 in which bail- bonds were taken from the four accused on 15-4-1978. It is said that in the morning of 16-4-1978 at about 6-30 a.m. at Village Dadvi when the deceased Pamabhai had gone to ease himself in the pit of a dry stream adjoining his wadi land, Accused 1 and 2 armed with axes, Accused 3 armed with a stick and Accused 4 armed with a knife attacked Pamabhai and assaulted him. The two sons of the deceased Pamabhai, Mangabhai (PW 4) and Ramabhai (PW 5), who were ploughing their nearby fields heard the cries of their father. Both of them rushed to the place of occurrence and saw Accused 1 and 2 assaulting Pamabhai with axes while Accused 3 and 4 were standing there. On seeing PWs 4 and 5 approaching the place of occurrence, all the four accused persons escaped from the place of occurrence. Shortly thereafter Pamabhai succumbed to his injuries. Mangabhai (PW 4) the son of the deceased sent Dalabhai (PW 10) to inform the eldest brother Govindbhai (PW 8) about the occurrence and to lodge First Information Report in the police station. When Dalabhai did not return back for quite some time then Vajubhai was sent on a motorcycle to inform Govindbhai. Vajubhai took Govindbhai on a motorcycle to the police station where the First Information Report Ext. 33 was lodged by Govindbhai. Dr. Hirpara, Medical Officer of Primary Health Centre, Jamkandorana performed the autopsy on the dead body of the deceased Pamabhai and as per his post-mortem report following injuries were found on the person of the deceased :

(3.) At the trial all the accused persons abjured their guilt and pleaded false implication due to enmity. The learned trial Judge on evaluation of the prosecution evidence recorded the order of acquittal of all the four accused persons. On appeal by the State, the High Court maintained the acquittal of A-3 and A-4 giving them the benefit of doubt but reversed the order of acquittal as regards A-l and A-2 and holding them guilty for the murder of Pamabhai, convicted both of them under Sec. 302 read with Sec. 34 I.P.C. and sentenced both of them to undergo life imprisonment. This appeal has been directed against the said judgment.